This case originated in proceedings to create and improve an avenue or thoroughfare known as Douglas Boulevard, in the Town of West Chicago.

The full history of those proceedings, contained in the statement of facts made by this Court in the case of Lombard v. West Chicago Park Commissioners, recently decided, renders it unnecessary to repeat them here. And the legal questions involved were so fully discussed in that case and in French v. Barber Asphalt Co. and Wight v. Davidson, cognate cases decided at the present term of this Court, that we are relieved from their further consideration.

The controlling question in the above case is the same as is presented in French v. Barber Asphalt Paving Co., ante,181 U. S. 324, Wight v. Davidson, ante,181 U. S. 371, and Tonawanda v. Lyon, ante,181 U. S. 389, just decided. For reasons stated in my opinions in those cases, I dissent from the opinion and judgment of the Court in this case.

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